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- A-3735-17T1 Opinionnjcourts.gov… action in lieu of prerogative writs to appeal the board's determination that variances were not required. On March 2, … plaintiffs rely on the validity of the ordinances in support of their claim that the zoning board should have … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
- A-2820-16T1 Opinionnjcourts.gov… from the November 3, 2014 order embodying that judge's determinations. On review, we found the Law Division judge's determinations that defendant was guilty of these three … right to a speedy trial was not violated, were unsupported by any factual findings, as required by Rule …
- A-3115-19/A-3125-19 Opinionnjcourts.gov… "materially inaccurate" and lacked "sufficient evidential support." He found that the LOI did not expire on June 30, … development was extensively analyzed, and ultimately supported, by the . . . Township's governing body, the … management proposal), relied upon by defendants to support their contention that conditional approval was …
- A-0031-19 – STATE OF NEW JERSEY VS. JOHN D. SEARLES (18-02-0598, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… OF ATTEMPTED MURDER AS THE RECORD CONTAINS NO EVIDENCE SUPPORTING SUCH A CHARGE. Point IV THE TESTIMONY BY MULTIPLE … overwhelming. The surveillance video captured the event and supported Morant's testimony. It showed the shooter coming … we perceive no abuse of discretion in the judge's determination that the mitigating factors were "non-existent" …
- njcourts.gov… in Bridgewater, New Jersey that provides tax software and support to multiple counties in NJ. 7 N.J.S.A. 54:4-38.1 … in the recipient address and, thus, did not necessarily support a conclusion of mail delivery. However, the court … and the Subject Property’s card was not returned. This supports the findings enumerated that establish mailing in …
- L-2032-06 Opinionnjcourts.gov… all favorable inferences, bare conclusions without factual support in affidavits or the mere suggestion of some … 129, 134 (App. Div. 1999) (requiring submission of factual support in affidavits to oppose summary judgment motion); … As discussed by the Court above, the record does not support a finding that the SAC Defendants directed …
- Additional Orders Orders and Decisionsnjcourts.gov… expert report dated June 15,2011 submitted by Dr. Hammer in support of his conclusions regarding Plaintiff Skala, the …
- ESX-L-4539-17 Opinionnjcourts.gov… Plaintiff has failed to state with sufficient facts to support that Defendant herself engaged in fraudulent … 18, 22. These allegations, as stated, are insufficient to support the notion that Defendant, in her unique position as … Title to First American. Therefore, there are no facts to support the imposition of partnership liability in this …
- A-1968-15T2 Opinionnjcourts.gov… officer, jumped a fence, and tried to jump another. That supported a reasonable inference the second male was one of … guilty of the [hindering] offense. Once the jury made its determination, the court did not commit any error . . . by not … or name the hindered offense. "[T]o facilitate the determination of the grade of the offense," the verdict sheet …
- A-1778-15T4 Opinionnjcourts.gov… or the four corporations. The trial court's ruling was supported by the language of the August 2014 settlement … burden of pro[of]," the "inquiries involve fact-specific determinations that must be resolved on a case-by-case basis," … from making the fact-sensitive inquiry and fact-specific determinations, and balancing, all of which should be done by …
- A-3731-15T2 Opinionnjcourts.gov… has not provided a particularly compelling factual basis to support his mode-of-operation argument, he presented enough … source of the liquid exceeded the scope of the in limine determination. The admission of this improper testimony was … as follows: [T]he expert, presumably, is basing his determination that there was a liquid on the plaintiff's …
- A-4358-14T2 Opinionnjcourts.gov… not raised in his merits brief, we do not consider it in support of his appeal. See Drinker Biddle & Reath LLP v. … deliberative process. The request for removal was also not supported by a reason wholly personal to juror two, as such … to Lincoln Park for disposal." Our review of sentencing determinations is limited and governed by the "clear abuse of …
- A-4341-15T2 Opinionnjcourts.gov… THEN SHOT; WITHOUT SUFFICIENT EVIDENCE TO TRULY AND FULLY SUPPORT HER THERORY [SIC]. PRO SE POINT VI THE TESTIMONOY … door. Christina Rivera, who is the mother of defendant's children, answered the door. Rivera told S.B.W. she did not … that on April 10, 2012, he had been home with Rivera, their children, and 14 A-4341-15T2 some friends, with whom he had …
- A-5272-15T4 Opinionnjcourts.gov… property owner for their legal costs in the absence of a determination that plaintiff's injuries were caused by the … relies upon three paragraphs in the Lucas contract to support its claim for contractual indemnity. The County … Mantilla, 167 N.J. at 272). B. The AECOM Contract In support of its claim for indemnification against AECOM, the …
- A-1248-17T3 Opinionnjcourts.gov… "to be construed so broadly." Id. at 627. Instead, "the determination of whether a police officer is engaged 'in the … unreasonable for liability to attach. The TCA does not support this argument. A public employee is liable for an … to Ogborne v. Mercer Cemetery Corp., 197 N.J. 448 (2009) in support of the contention that a heightened "palpably …
- njcourts.gov… seek personal injury damages. Plaintiffs argue the caselaw supports the proposition there is a contractual relationship … and Appeals was constrained to rely on a contract theory to support the town's authority to place a lien on a landlord's … absence of contract - based litigation in the modern era supports the conclusion that the WSA is inconsistent with, …
- njcourts.gov… reasonable suspicion in the officers' favor, making the determination of probable cause objectively reasonable." … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … in original). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 …
- A-0600-21 – STATE OF NEW JERSEY VS. GABRIEL MERCADO (19-01-0101, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… REVERSED BECAUSE THE EVIDENCE WAS LEGALLY INSUFFICIENT TO SUPPORT THE CHARGE. POINT V THE SENTENCE IMPOSED IS … was discussed, denying it, well then how do I make a determination here? Do I excuse all three based upon what … discretion standard," the trial court should explain its determination on the record. Id. at 560-61. Here, the trial …
- A-62-15 Opinionnjcourts.gov… and orderly disposition of [outstanding] charges and determination of the proper status of any and all detainers … so broadly. According to the State, New Jersey case law supports the denial of credit for out-of-state pre-trial … and orderly disposition of [outstanding] charges and determination of the proper status of any and all detainers …
- A-5-12 Opinionnjcourts.gov… proceeded to extract favorable testimony from Dr. Hua to support his self-defense theory, emphasizing that the shot … defense counsel characterized Dr. Hua’s testimony as supportive of a self-defense theory. He argued that “Dr. … extract as much favorable testimony from Dr. Hua as might support his self-defense theory. Through Dr. Hua’s …